Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Service of accused not yet effected - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Non production of service report or track report - By itself not a ground to dismiss complaint at the threshold, particularly when complainant has asserted that notice was duly dispatched on correct address of accused - Question whether notice was actually served or not is essentially a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Dispatched within the same city - Presumed to be served within three days - 15 days time begins to run from the date of presumed service - Complaint filed after expiry of statutory waiting period calculated from presumed date of service - Complaint cannot be said to be premature...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(o) -- Deficiency - Housing construction falls within the ambit of "service" u/s 2(1)(o) of the Act and failure to deliver possession within stipulated period constitutes "deficiency" u/s 2(1)(g) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Compensation - Power of consumer fora to grant just and reasonable compensation for deficiency in service is traceable to statute and cannot be curtailed by contractual terms which operate to detriment of consumer...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Flat buyer agreement - Delay in delivery of possession - Failure to obtain requisite Occupancy Certificate constitutes deficiency in service, entitling consumers to seek compensation...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Compensation - Delay in completion and handing over of possession is not disputed - Such failure constitutes deficiency in service - Appellant failed to secure requisite occupancy certificate - Appellant directed to obtain requisite Occupancy..........
Consumer Protection Act, 2019, Section 67 -- Consumer complaint - Joint Development Agreement (JDA) - Delay in delivery of possession - Deficiency in service - Landowners executed GPA in favour of developer to enter into Sale Agreements, execute conveyances, receive consideration and complete registration formalities in respect of developer's share - Construction has to be..........
Service -- Termination - Appellants were terminated because institution in which they had studied was declared to be unrecognized - They cannot be said to be at fault as they had studied in the University, which has been set up under the 2002 Act enacted by the State Legislature - Appellants should not be deprived of the benefits of the degree obtained by them while..........
